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  1. #1
    Join Date
    Sep 2019
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    10

    Default Am I a Felon if My Charges Were Ultimately Dismissed

    My question involves criminal records for the state of: MI

    Years ago I was caught with possession of prescription drugs. I was charged and plead guilty to the felony charges, however I entered the MI 7411 plea which dismissed the charges upon successful completion of a term of probation. So a conviction was never formally entered by the judge, the judgement was withheld for the duration of the probation sentence. So my question is whether or not I am considered a felon having plead guilty to a felony but never having been formally convicted of one.

  2. #2
    Join Date
    Oct 2014
    Posts
    7,425

    Default Re: Am I a Felon if My Charges Were Ultimately Dismissed

    Quote Quoting jabzag
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    So my question is whether or not I am considered a felon having plead guilty to a felony but never having been formally convicted of one.
    Considered a felon for what purpose? In general if the effect of the program you entered was a conditional plea in which the case was dismissed upon completion of the program and no conviction was ever entered then you are not convicted felon. But whether that plea might still cause you problems depends on the reason why it matters.

  3. #3
    Join Date
    Sep 2019
    Posts
    10

    Default Re: Am I a Felon if My Charges Were Ultimately Dismissed

    Alright so my situation is a little more convoluted than I wrote in the aforementioned. I entered a diversion program for possession of the substance in the state of Michigan, but I completed probation on an interstate compact in the state of Oregon. The issue I’m having is that while records of my offense were effectively sealed in Michigan, background checks are showing a conviction in Oregon because they are getting Oregon department of corrections records for my supervision in this state.

    So my issues are two-fold:

    1) Oregon department of corrections is showing a felony conviction for a charge that was ultimately dismissed and sealed in Michigan.

    2) Oregon department of corrections is showing the offense as ‘possession of meth’, when it was in fact a prescription stimulant, or ‘analog’ as it was charged in Michigan.

    Do you know of any recourse that I may take to get this information corrected so that it doesn’t falsely show a conviction on my background check and/or correct the ORS classification of the crime?

    Apparently I have to get my responses approved by a moderator before posting now, so it appears that I somehow violated a rule of conduct??

  4. #4
    Join Date
    Nov 2013
    Posts
    6,449

    Default Re: Am I a Felon if My Charges Were Ultimately Dismissed

    Looks to me that you need an Oregon attorney to file with the court to correct the records.

  5. #5
    Join Date
    Sep 2019
    Posts
    10

    Default Re: Am I a Felon if My Charges Were Ultimately Dismissed

    Thanks for the suggestion. I was hoping there might be an easier or less technical route than having to go through the courts to get the issue cleared, but looks like I need to consult a lawyer.

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